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Runkel v. Mike Ryan Tree Service, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 2001
285 A.D.2d 455 (N.Y. App. Div. 2001)

Opinion

Submitted June 6, 2001.

July 2, 2001.

In an action, inter alia, to recover damages for personal injuries, the defendants appeal from so much of an order of the Supreme Court, Suffolk County (Oshrin, J.), dated March 26, 2001, as denied their motion for summary judgment dismissing the complaint on the ground that neither plaintiff sustained a serious injury within the meaning of Insurance Law § 5102(d).

Ronan, McDonnell Kehoe, Melville, N.Y. (Kevin P. Slattery of counsel), for appellants.

Michael F. Perrotta, Huntington, N.Y., for respondents.

Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.


ORDERED that the order is affirmed insofar as appealed from, with costs.

In opposition to the defendants' prima facie showing of entitlement to judgment as a matter of law, the plaintiffs submitted sufficient evidence to raise a triable issue of fact as to whether they sustained serious injuries within the meaning of Insurance Law § 5102(d) (see, Ventura v. Moritz, 255 A.D.2d 506; Yahya v. Schwartz, 251 A.D.2d 498; cf., Grossman v. Wright, 268 A.D.2d 79).

O'BRIEN, J.P., KRAUSMAN, GOLDSTEIN, SCHMIDT and CRANE, JJ., concur.


Summaries of

Runkel v. Mike Ryan Tree Service, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 2001
285 A.D.2d 455 (N.Y. App. Div. 2001)
Case details for

Runkel v. Mike Ryan Tree Service, Inc.

Case Details

Full title:ANTHONY J. RUNKEL, ET AL., respondents, v. MIKE RYAN TREE SERVICE, INC.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 2, 2001

Citations

285 A.D.2d 455 (N.Y. App. Div. 2001)
727 N.Y.S.2d 634